PESHAWAR: The Peshawar High Court on Tuesday directed the Khyber Pakhtunkhwa advocate general to submit a detailed explanation on behalf of provincial government that under what law the security forces were called and stationed in different parts of the province by the government.

A bench comprising PHC Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser also directed the advocate general, Abdul Lateef Yousafzai, to submit the correspondence between the provincial and federal governments through which the former had requested the latter for calling the security forces in aid of civil power in the province.

The bench observed that while for Federally Administered Tribal Areas (Fata) and Provincially Administered Tribal Areas (Pata) the federal government had made two regulations by the name of Action (in aid of civil power) Regulation, 2011, no such law was introduced for other areas of Khyber Pakhtunkhwa.

The PHC chief justice had taken suo motu contempt notice of the issue involving a series of incidents, happened in close succession, where the free travelling of the chief justice and judges was halted and they were misbehaved by the army personnel at checkposts despite sharing with them in advance their travel plan.

During previous hearing on Sept 29, a bench had expressed concern over recurrent interference by the army personnel deputed at the checkposts in the free movement of the chief justice and judges in the province and summoned the relevant officers.

On Sept 27, the army personnel had stopped PHC Chief Justice Mazhar Alam Miankhel, who was travelling with his escort, at a checkpost near Kohat tunnel and had permitted him to go after sometime.

Similarly, some other judges were also stopped at different checkposts and reportedly some irrelevant questions were put to them.

When the bench took up for hearing the case, several high ranking officials appeared including Chief Secretary Amjid Ali Khan, Home Secretary Arbab Arif, IGP Nasir Khan Durrani, Capital City Police Chief Mubarik Zeb, additional attorney general Syed Attique Shah, deputy director (legal) of ministry of defence Major Mohammad Ali and an official of ministry of interior.

The advocate general, Abdul Lateef Yousafzai, said that in accordance with the order of the court the relevant officials had turned up. He said that the provincial government had also submitted its explanation.

He stated that security forces were called in aid of civil power in Pata and Khyber Pakhtunkhwa on the request of the provincial government, made through a letter sent on April 12, 2008. He said that in the said communication the provincial government had expressed concern over the deteriorating law and order situation in the province and requested the centre for calling the armed forces under Article 245 of the Constitution.

The PHC chief justice observed that if the security forces were called in aid of civil power on the request of the provincial government under Article 245 of the Constitution then they had to function under the administrative control of that government.

The advocate general replied that the federal government had promulgated the Action (in aid of civil power) Regulation, 2011 for Fata and Pata and the said regulations had been given retrospective effect from 2008.

The bench observed that the said regulations were for Fata and Pata, but the government should clarify which law was applicable to rest of the Khyber Pakhtunkhwa.

The bench observed that in its written reply the provincial government had not given that explanation and the reply was not satisfactory.

The bench observed that there were no two opinions that army belonged to the country and they had also rendered valuable sacrifices, but it was also responsibility of the government to ensure that dignity and respect of citizens should not be violated at checkposts.

The advocate general requested that he may be given more time so as to submit the comprehensive explanation. Similar request was also made by AAG Syed Attique Shah, stating that as the court had sought written comments of the defence and interior ministries, the corps commander and other officials, therefore, he would need further time for seeking information from all of them.

The bench adjourned hearing to Oct 27 with the observation that it would be last chance for the officials concerned to submit their comments. The bench exempted the chief secretary, home secretary and IGP from appearance on next date.

Published in Dawn, October 7th, 2015

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